Human rights and how to file a human rights complaint

Talking about rights we see that different legislations, acts and constitutions grant different rights to different people/ sections of people. These rights are called legal rights or rights granted by a statute. These rights could be different depending upon the different sources. However, there are certain rights known as the Human Rights that are granted to people as fundamental and supreme rights owing to the fact that they are humans.

What are Human Rights?

The basic freedom and rights that every person has in this world irrespective of caste, religion, nationality, language, race or any other status are called human rights. The concept of Human Rights is based on the fact that humans are born with rights which are inalienable i.e. it cannot be taken away except in specific situations and as per the specified due process of law. These rights are protected by the law. It does not only protects us when we are oppressed or mistreated but also in our regular activities such as the right to express your feelings, right to education, right to live a private life and many more.  The deep roots of human rights are to be found in Magna Carta of 1215.

The History of Human Rights and its various forms

The dreadful effect of World War II made human rights the international priority which resulted in the formation of the United Nations in 1945. This allowed States to contribute to the Universal Declaration of Human Rights which was later adopted on 10th December 1948. India is one of the members who voted in favour of the Universal Declaration of Human Rights (UDHR). This was the first shot at an international level to protect fundamental rights and freedoms which was shared by all human beings. UDHR has gained the status of International Customary Law over the years. Later in 1993, Vienna World Conference reiterated UDHR, 1948 and noted that it is the States’ duty to promote and protect all human rights and fundamental freedoms regardless of their political, economic and cultural systems. Human Rights include both rights as well as obligations.

There are numerous ways of protecting human rights in India. Parliament is assigned with the creation of the law of land whereas Executive is assigned with the implementation of those laws made by Parliament. And the Judiciary deals with the execution of those laws. After the independence of India, the lawmakers inculcated the idea of human rights and formulated the Constitution with the fundamental rights as its core. Part III talks about the fundamental rights and Part IV talks about the Directive Principle of State Policy; it’s the State obligation to protect and promote the rights of its people.

Redressal Mechanism for violation of Human Rights 

The National Human Rights Commission (NHRC) was established in 1993 for the implementation of human rights. This body deals with the issues concerning human rights in view of protecting it. At the State level, the State Human Rights Commission was also created under the Protection of Human Rights Act, 1993. This commission is empowered to inquire into various matters of violation of human rights which are related to subjects mentioned under the Seventh Schedule. The commission is vested with the power of Civil Courts. Also, the commission can take moto cognizance in matters of violation of human rights. The commission has been provided with a limitation period of one year i.e. the court after the expiry of one year cannot inquire into the matter.

How to file a human rights complaint

The complaint can be drafted in any language as per Schedule 8 of the Indian Constitution.

Before the National Human Rights Commission: A complaint before NHRC can be submitted either online through the website of the national human rights commission or by writing an application about the violation of human rights.

Before State Human Rights Commission: A complaint before State Human Rights Commission can be filed by any person or victim on his own statement about the violation in a form of an application to the person authorized by the commission. The process has been kept people friendly so that anyone can access it.

A complaint is filed either on the ground of violation of human rights or abatement if any or negligence by a public servant in the prevention of such violation.

The complaint must contain all the aspects leading to the incident along with the name, age, religion/caste of the victim; state and district where the incident related and the date on which the incident took place. Also, documents in support of the violation of human rights.